My husband and i have been together for 4 1/2 years, married for 2.
In November 2006, After 1 ½ years of dating and living together my husband was deported for overstaying. He overstayed to be with me, not realizing the consequences of his actions.
We officially married in Mexico in March 2008.
Submitted our very strong and indepth application for spousal sponsorship and ARC together in Sept 2008.
Received a response that i was a valid sponsor in December 2008.
File sent to embassy in Mexico City.
Received Permanent Residence interview letter for April 2009.
Husband flew to interview in Mexico City and was not allowed in the building. We sadly found out the embassy was closed due to H1N1 and the embassy did not ensure we received word that interview was cancelled. Husband flew back to his home in Quintana Roo.
Received Permanent Residence interview letter #2 for May 2009.
Husband attended interview successfully.
Interviewing officer stated she believed in our relationship and was recommending approval.
Received request for Canadian police clearance June 2009.
Document requires 4 months to obtain.
Received Canadian Police Clearance October 2009.
Received ARC interview letter for November 2009.
Purchased non-refundable last minute ticket due to short notice, for interview.
Received ARC interview cancellation letter days before interview as officer was “out of town”.
Received new ARC interview letter December 2009.
Interviewing officer stated he had already thought it through before my husband arrived for interview, and was declining application. Being married to a Canadian citizen was not “compelling enough”. He also suggested that I, (a canadian born and raised, with roots dating back to the settlers of the Prairies) move to Mexico instead. So our Canadian Officials are encouraging the loss of our most desired Canadian citizens, the young, vibrant, easily employable, tax paying ones, who pay their bills and desire lots of little Canadian children.....to leave Canada.
Husband flew back to his home.
We waited for response letter.
Received “out of the blue” email mid-January that “the response letter was sent 2 days after interview in December, to Mexican address, to be patient for arrival. This was out of the blue because we had not contacted them to inquire about our case.
Advised embassy immediately that all communication was to be forwarded to lawyer in Canada as our file stated and embassy knew Mexican address was no longer valid as it had been over a year and they were also told at interview. Embassy had always sent communication to lawyer in Canada before.
Embassy forwarded via email the response letter for ARC only. It was declined due to “no compelling reason for re-entry on file.”
I asked the embassy what the fate of the permanent residence application was, and they stated that the letter did not exist, only that because the ARC was declined, the PR application was automatically declined.
I asked embassy about appeal. They cited several times in writing NO APPEAL allowed.
I submitted appeal request directly to Immigration Appeal Division in Canada.
I asked 2 different MP representatives to inquire with immigration as to the “REAL” reason our application was denied and why we couldn't appeal.
Both MP's spoke with immigration and responded that only a Judicial Review was allowed (which takes years). NO APPEAL ALLOWED.
I read through all of the federal court of Canada cases, the entire immigration and refugee protection act, and a 3” stack of papers obtained via the access to information act specifically regarding my husband which included FOSS notes and emails between immigration officials.
My husband has no criminal record, no health issues, is a healthy vibrant, brilliantly minded individual who speaks perfect English and Spanish and graduated from highschool in Canada with a very bright future ahead of him.
Received response from Immigration Appeal Division. NO RIGHT OF APPEAL.
I submitted a 26 page document including facts, immigration law, and compelling reasons about our case in March 2010. Copy to Minister's Councel.
Received response from Minister's Councel (the opposition) admitting....I HAVE THE RIGHT OF APPEAL!!!!! Within the letter they cited the law which applies that I am allowed to appeal to the Immigration Appeal Division, and that we were never given the PR decline letter as we should have been. They attached a copy of the letter the embassy previously said didn't exist. And, we were never given any information about our right of appeal in the letters, by the officer who declined our application.
5 Government Officials told us we could not appeal!!! And they were wrong!!!
Have faith!
Right now we are just waiting for the “blue book” from the embassy with our entire case. And for the Appeal Division to get the process rolling....after sooo much waiting...now that our right of appeal is being recognized.
We are appealing the refusal of our total application (PR and ARC). Our 4 ½ year relationship is not the subject of debate. We have argued that the officer has breached his duty of fairness and that he approached our file with bias based on 3rd party unverified information.
Immigration has caused so much damage to our lives with so many unnecessary hardships. There has to be a better way, a better system, and much better communication. .
In November 2006, After 1 ½ years of dating and living together my husband was deported for overstaying. He overstayed to be with me, not realizing the consequences of his actions.
We officially married in Mexico in March 2008.
Submitted our very strong and indepth application for spousal sponsorship and ARC together in Sept 2008.
Received a response that i was a valid sponsor in December 2008.
File sent to embassy in Mexico City.
Received Permanent Residence interview letter for April 2009.
Husband flew to interview in Mexico City and was not allowed in the building. We sadly found out the embassy was closed due to H1N1 and the embassy did not ensure we received word that interview was cancelled. Husband flew back to his home in Quintana Roo.
Received Permanent Residence interview letter #2 for May 2009.
Husband attended interview successfully.
Interviewing officer stated she believed in our relationship and was recommending approval.
Received request for Canadian police clearance June 2009.
Document requires 4 months to obtain.
Received Canadian Police Clearance October 2009.
Received ARC interview letter for November 2009.
Purchased non-refundable last minute ticket due to short notice, for interview.
Received ARC interview cancellation letter days before interview as officer was “out of town”.
Received new ARC interview letter December 2009.
Interviewing officer stated he had already thought it through before my husband arrived for interview, and was declining application. Being married to a Canadian citizen was not “compelling enough”. He also suggested that I, (a canadian born and raised, with roots dating back to the settlers of the Prairies) move to Mexico instead. So our Canadian Officials are encouraging the loss of our most desired Canadian citizens, the young, vibrant, easily employable, tax paying ones, who pay their bills and desire lots of little Canadian children.....to leave Canada.
Husband flew back to his home.
We waited for response letter.
Received “out of the blue” email mid-January that “the response letter was sent 2 days after interview in December, to Mexican address, to be patient for arrival. This was out of the blue because we had not contacted them to inquire about our case.
Advised embassy immediately that all communication was to be forwarded to lawyer in Canada as our file stated and embassy knew Mexican address was no longer valid as it had been over a year and they were also told at interview. Embassy had always sent communication to lawyer in Canada before.
Embassy forwarded via email the response letter for ARC only. It was declined due to “no compelling reason for re-entry on file.”
I asked the embassy what the fate of the permanent residence application was, and they stated that the letter did not exist, only that because the ARC was declined, the PR application was automatically declined.
I asked embassy about appeal. They cited several times in writing NO APPEAL allowed.
I submitted appeal request directly to Immigration Appeal Division in Canada.
I asked 2 different MP representatives to inquire with immigration as to the “REAL” reason our application was denied and why we couldn't appeal.
Both MP's spoke with immigration and responded that only a Judicial Review was allowed (which takes years). NO APPEAL ALLOWED.
I read through all of the federal court of Canada cases, the entire immigration and refugee protection act, and a 3” stack of papers obtained via the access to information act specifically regarding my husband which included FOSS notes and emails between immigration officials.
My husband has no criminal record, no health issues, is a healthy vibrant, brilliantly minded individual who speaks perfect English and Spanish and graduated from highschool in Canada with a very bright future ahead of him.
Received response from Immigration Appeal Division. NO RIGHT OF APPEAL.
I submitted a 26 page document including facts, immigration law, and compelling reasons about our case in March 2010. Copy to Minister's Councel.
Received response from Minister's Councel (the opposition) admitting....I HAVE THE RIGHT OF APPEAL!!!!! Within the letter they cited the law which applies that I am allowed to appeal to the Immigration Appeal Division, and that we were never given the PR decline letter as we should have been. They attached a copy of the letter the embassy previously said didn't exist. And, we were never given any information about our right of appeal in the letters, by the officer who declined our application.
5 Government Officials told us we could not appeal!!! And they were wrong!!!
Have faith!
Right now we are just waiting for the “blue book” from the embassy with our entire case. And for the Appeal Division to get the process rolling....after sooo much waiting...now that our right of appeal is being recognized.
We are appealing the refusal of our total application (PR and ARC). Our 4 ½ year relationship is not the subject of debate. We have argued that the officer has breached his duty of fairness and that he approached our file with bias based on 3rd party unverified information.
Immigration has caused so much damage to our lives with so many unnecessary hardships. There has to be a better way, a better system, and much better communication. .
